African Union Privileges and Immunities

Summary#

The African Union Privileges and Immunities Order (SOR/2020-129) gives certain legal protections to officials of the African Union when they visit Canada for official business. The order was registered on June 16, 2020 and published in the Canada Gazette on June 24, 2020; it took effect on its registration date.

What it does#

• Senior African Union officials (for example, the Chairperson of the African Union and the Chairperson and Deputy Chairperson of the African Union Commission, plus the African Union permanent representative to the United States) get protections similar to those given to diplomats under the Vienna Convention, except they do not receive tax or customs (duty) relief.
• Other African Union officials get legal immunity for words and acts done in their official capacity and some immigration exemptions, following parts of the United Nations Convention on privileges and immunities.
• Experts on mission for the African Union get the specific protections they need to do their work while transiting to, from, and during missions in Canada (for example, protection of papers and sealed correspondence and protection of personal baggage).
• The Order explicitly does not give tax and duty relief to these officials and experts.
• The Order took effect when it was registered on June 16, 2020.

Who's affected#

• Officials, senior officials and experts of the African Union who travel to Canada on official business.
• Canadian departments, agencies and organizations that host high-level meetings with the African Union (they will encounter visiting officials who have these protections).
• The broader public and businesses are unlikely to be directly affected; the Order applies to official acts and does not create new obligations for ordinary visitors.

Why it matters#

• It makes it easier for Canada to host high-level African Union meetings and to work directly with the African Union on issues like peace and security, development and climate change.
• The legal protections mean some visiting AU officials cannot be arrested or sued in Canada for official acts, which is standard for international diplomacy but can limit remedies in some situations.
• The Order does not grant tax or customs exemptions, and the government says it creates no fiscal cost.